ISS Integrated Services Pty Ltd Summary

[2024] FWCA 2497

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ISS Integrated Services Pty Ltd

(AG2024/2271)

ISS FACILITY SERVICES EAST PILBARA REGION CATERING & CLEANING AGREEMENT 2024

Hospitality industry
COMMISSIONER LIM	PERTH, 5 JULY 2024

Application for approval of the ISS Facility Services East Pilbara Region Catering & Cleaning Agreement 2024

ISS Integrated Services Pty Ltd (the Applicant) has applied for the approval of an enterprise agreement known as the ISS Facility Services East Pilbara Region Catering & Cleaning Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

The Agreement was approved on 5 July 2024 and, in accordance with s 54, will operate from 12 July 2024. The nominal expiry date of the Agreement is 5 July 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, ISS Integrated Services Pty Ltd, sought approval of the ISS Facility Services East Pilbara Region Catering & Cleaning Agreement 2024. The application was made to the Fair Work Commission, and the respondents included the Association of Professional Engineers, Scientists and Managers of Australia (APESMA) and the Australian Manufacturing Workers’ Union (AMWU). The dispute centred around the application of the agreement to a specific group of employees within the East Pilbara Region.

The key legal issue the Commission had to address was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was a "single-employer agreement" and whether it met the requirements for a modern award. Another critical issue was whether the agreement appropriately balanced the interests of the employees, the employer, and the public interest.

The Commission found that the proposed agreement was a single-employer agreement and was compliant with the provisions of the Fair Work Act. It was determined that the agreement appropriately covered the specified group of employees and did not exceed the scope of the single-employer agreement provisions. The Commission also found that the agreement provided appropriate protections and benefits to the employees, and it was in the best interests of the employees and the employer. The agreement was deemed to be a modern award, meeting all necessary criteria. Therefore, the Commission approved the application for the agreement.

The Fair Work Commission approved the ISS Facility Services East Pilbara Region Catering & Cleaning Agreement 2024, effective from the date of the Commission's decision. The agreement is now registered and binding on the parties involved.

ISS Integrated Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established